THE Malaysia Anti-Corruption Commission (MACC) has given a statement that its investigation into the Jana Wibawa scheme was the result of information obtained independently and not launched because it had been ordered to do so, as alleged.

Selective prosecution refers to the practice of choosing to prosecute certain individuals or groups for a crime, while overlooking others who may have committed the same offence, which does violate the right to a fair trial, as encapsulated in Article 5 of the Federal Constitution.

This is definitely seen as a problem. Unless the MACC is brought under the parliamentary umbrella, it will always be accused of selective prosecution.

Placing the MACC under the purview of parliament will increase public confidence. The commission would be directly accountable to parliament, and would report to MPs on its activities and findings.

This idea has been long debated. Recently, Minister in the Prime Minister’s Department (Law and Institutional Reform Azalina Othman Said) said the government is open to placing the MACC within parliament’s jurisdiction, in a written reply to Puchong MP Gobind Singh Deo.

However, in doing so the MACC would still not be fully independent.

Hence, for it to be so, the first step is to establish an anti-corruption commission under the Federal Constitution.

A cross-reference to Hong Kong – which has the Independent Commission Against Corruption (ICAC) answering to the chief executive – may be made. Article 57 of Hong Kong’s Basic Law sets out as follows:

A commission against corruption shall be established in the Hong Kong Special Administrative Region. It shall function independently and be accountable to the chief executive.

The concept of separation of powers between the executive, the legislative, and the judiciary can be implemented.

The power to investigate and prosecute should then be given to MACC. This can be done by adopting the Roskill model that is used in the United Kingdom and New Zealand, as mentioned by Hafiz Hassan in his article.

With such changes, the MACC can truly be an independent institution. – March 12, 2023.

* Matilda George reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.